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 Chapter 1 - General Provisions
Section
1 How Code is designated and cited
2 Rules of construction and definitions
3 Amendments of Code
4 Effect of Repeal of Ordinances
5 Severability of parts of Code
6 General penalty for violations of Code; continuing violations


Sec. 1-1 How Code designated and cited.

 The ordinances embraced in the following chapters and sections shall constitute and be designated the "Municipal Code of the Village of Pearl City, Illinois", and may be so cited.

State law reference--Revision and codification of Ordinances, Ill. Rev. Stat., Chap. 24, Sec. 1-2-3.

Sec. 1-2  Rules of construction and definitions.

(a)    In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Trustees.  The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter of context of such section may be repugnant thereto.

(b)    Generally.  All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the Board of Trustees may be fully carried out.

(c)    In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.  Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(d)    Board, Board of Trustees, Village Board.  Whenever the words "board", "board of trustees", or "village board" are used, they shall be construed to mean the Board of Trustees of the Village of Pearl City.

 
(e)    Computation of time.  Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be held shall not be counted.  Where the day on which an act is to be done or a proceeding held falls on a Sunday or a legal holiday, said act shall be done or proceeding held on the next regular business day.

(f)    Corporate or village limits.  The term "corporate limits" or "village limits" shall mean the legal boundaries of the Village of Pearl City.

(g)    County.  The words "the county" or "this county" shall mean the County of Stephenson in the State of Illinois.

(h)    Delegation of Authority.  Whenever a provision appears requiring the head of a department, committee or other village officer to do some act or perform some duty, it is to be construed to authorize said officer to designate, delegate and authorize subordinances to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

(i)    Gender.  A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(j)    Month.  The word "month" shall mean a calendar month.

(k)    Nontechnical and technical words.  Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(l)    Number.  A word importing the singular number only may extend an be applied to several persons and things as well as to one person and thing.

(m)    Officers generally.  Whenever any officer is referred to by title, such as "Village Clerk" or " President", etc., such reference shall be construed as if followed by the words " of the Village of Pearl City".

(n)    Ordinance.  The word "ordinance", whenever used in this Code shall be held and taken to mean the entire Code, including each and every section thereof and all other ordinances of the village.

(o)    Owner.  The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

(p)    Person.  The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

 
(q)    Personal property includes every species of property except real property, as herein described.

(r)    Preceding, Following.  The word "preceding" and "following" mean next before and next after, respectively.

(s)    Property.  The word "property" shall include real and personal property.

(t)    Real property shall include lands, tenements and hereditaments.

(u)    Shall.  The word "shall" is mandatory.

(v)    Signature or subscription includes a mark when the person cannot write.

(w)    State.  The words "the state" or "this state" shall be construed to mean the State of Illinois.

(x)    Street.  The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes and all other public ways in the Village, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

(y)    Village shall mean the Village of Pearl City, Illinois.

(z)    Year.  The word "year" shall mean a calendar year.

Sec. 1-3    Amendments to Code.

(a)    Any addition or amendment to this Code, when passed in such form as to indicate the intention of the President and Board of Trustees to make the same a part of this ordinance shall be deemed to be incorporated in this ordinance so that a reference to the Municipal Code of the Village of Pearl City, Illinois, shall be understood to include them.

(b)    In case of amendment of any section of this ordinance containing the provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the amended section or the amending section, whether re-enacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
 
(c)    It shall be the duty of the Village Clerk to keep at least on copy of the Municipal Code of Pearl City, Illinois, which he shall mark in the following manner:  Whenever any ordinance which amends or makes an addition to the Code is passed and approved, he shall note on the margin of the section or sections amended that such amendment has been made, with a reference in the amendment, hereinafter described where the amendment may be found, and in the case of an addition, he shall mark in the appropriate place a notation that such addition has been made, with a similar reference to the aforementioned amendment book.

The Village Clerk shall also keep a separate book containing every amendment or addition passed to this Code, with a reference on each copy of such amendment or addition as to the place in the record of ordinances where the original ordinance may be found.

The above mentioned records shall be kept in addition to the record of ordinances which the Clerk is required to keep by statute.

Sec. 1-4    Effect of Repeal of Ordinances.

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.

The repeal or an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for and offense committed or cause of action arising under the ordinance repealed.

Sec. 1-5    Severability of parts of Code.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

Sec. 1-6    General penalty for violation of Code; continuing violations.

Whenever in this Code or in any ordinance of the village any act is prohibited or is made or declared to be unlawful or a misdemeanor or a violation of this Code, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor or a violation of this Code, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by fine of not more than Five Hundred Dollars ($500.00).  Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.